Stanton Burke

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

Authors: Marshall Mattera, Jeewon Serrato, Casie Collignon and Stanton Burke Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk to companies including statutory damages up to $750 per consumer. Early … Continue Reading

CPRA Rulemaking Begins with an Invitation by the New California Privacy Protection Agency

By Justin T. Yedor, Stanton Burke and Jeewon Serrato on September 23, 2021 Posted in CCPA, CPRA, Information Security, Online Privacy, Uncategorized

By Justin Yedor, Stanton Burke, and Jeewon K. Serrato For businesses awaiting guidance on how to comply with the California Privacy Rights Act (the “CPRA”), the new California Privacy Protection Agency (“CPPA”) began the rulemaking process on September 22, 2021 with an Invitation for Preliminary Comments on Proposed Rulemaking (the “Invitation for Comment”). In the … Continue Reading

Colorado’s Privacy Act: A Curve Ball on Consent and Targeted Ads

By Andreas Kaltsounis, Stanton Burke and BakerHostetler on August 3, 2021 Posted in Advertising

On July 7, 2021, Gov. Jared Polis signed the Colorado Privacy Act (CoPA) into law, making Colorado the third state to enact a comprehensive privacy law, joining California and Virginia. The Act goes into effect on July 1, 2023, and shares many of the rights and obligations provided in other comprehensive privacy laws such as … Continue Reading

The Not-So-Hidden FTC Guidance on Organizational Use of Artificial Intelligence (AI), from Data Gathering Through Model Audits

By James A. Sherer, Nichole Sterling and Stanton Burke on May 24, 2021 Posted in AI

Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s proposed AI Regulation. The FTC’s 2021 guidance referenced, in large part, the FTC’s April 2020 post “Using Artificial Intelligence and … Continue Reading

The New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation

By James A. Sherer, Chad Rutkowski, Stanton Burke and Nichole Sterling on April 27, 2021 Posted in AI

The week of April 19 was an eventful one for practitioners following the evolution of potential artificial intelligence (AI) enforcement both in the United States and abroad, answering some questions regarding which regulators were going to take a more active and prospective role in regulating and advising on AI use and what those roles might look … Continue Reading

Welcome to the Digital Transformation and Data Economy Newsletter – February 2021 Issue

By Stanton Burke and Jeewon Serrato on February 5, 2021 Posted in Pivot. Accelerate. Transform.

Across the economy, businesses are using digital technology to pivot into innovative service lines, accelerate growth and transform. A business’s digital strategies and data assets play an important role in its success. Digital transformation means, among other things, deploying the latest technologies – including artificial intelligence (AI) and automated decision-making. However, advances in AI raise … Continue Reading

CCPA Final Regulations, with a Few Unexpected Changes

By Alan L. Friel, Jeewon Serrato, Stanton Burke, Kyle R. Fath, Taylor A. Bloom and Catrina Wang on August 19, 2020 Posted in CCPA

On Friday, August 14, 2020, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Final Regs) under the California Consumer Privacy Act (CCPA). Proposed final regulations were submitted to the OAL by the Office of the Attorney General (OAG) on June 1, 2020. During OAL’s review process, … Continue Reading

California AG Begins CCPA Enforcement

By Jeewon Serrato, Andreas Kaltsounis and Stanton Burke on July 16, 2020 Posted in CCPA

Last week, the International Association of Privacy Professionals hosted a keynote session with Stacey Schesser, supervising deputy attorney general (AG) of the California Department of Justice, to discuss the July 1 start of the AG’s enforcement authority under the California Consumer Privacy Act (CCPA). The deputy AG discussed the current scope of the AG’s enforcement authority and confirmed that on July 1, … Continue Reading